Moen v. Peterson

Defendant petitions for review of our decision that plaintiffs conviction was rendered void by his counsel’s failure to advise him of the possibility of a minimum sentence. 103 Or App 71, 795 P2d 1109 (1990). We treat the petition as one for reconsideration, ORAP 9.15(1), allow it but adhere to our former decision.

Plaintiff pleaded no contest to a charge of sodomy in the first degree. ORS 163.405. On direct appeal, we affirmed. 86 Or App 366, 741 P2d 935 (1987). Thereafter, the Supreme Court held in Hartzog v. Keeney, 304 Or 57, 742 P2d 600 (1987), that counsel’s failure to advise a criminal…